Abstract

Research object in this erudition is about how the relevance of capital punishment with its purpose?
Type of this research is normative law research, which means that research on law philosophy principles and fundamental (dogma and doctrine) about capital punishment. The data analysis approach is deductive approach departing from general theory framework, henceforth to be correlated with objective facts or facts on the field. The used technique in digging and collecting data is particularly through library research. The obtained data type is primary law including regulations about capital punishment. Secondary law materials include the explanation about primary law materials, such as, the result of previous research, scientific works, journals from criminal law professionals, and interview with informant. Tertiary or complementary law materials include materials that give some guidance or description on primary and secondary law materials, such is dictionary, encyclopedia and so on. Activities in this data analysis includes choosing some provisions about law rules regulating capital punishment, such as reviewing about the background behind the rise of the law product. Systematizing those provisions until it produces a complete picture about the problem sources in regard to capital punishment and its relevance with its purpose.
Based on the conducted research, it is obtained that according to the writer, capital punishment should be maintained, by keep pay attention on the international instruments. Its effect is its manners must be better. It must be found a better way. Then, kinds of crime should be limited as minimum as possible in the form of its definition in the most serious crime, limited as early as possible. And also in Criminal Code Design Commission, there is Islamic, Christen and Hindu Commission. It is applied a certain thing for the most serious crime, means that there is some conditions. Then, it is applied by conditional atau suspended capital punishment. So capital punishment in a certain condition can be done in terms of 6 years. If in 6 years, he/she shows a really positive personality growth, hence he/she will be changed to be lifelong imprisonment or 20 years in jail. That is the meaning of conditional capital punishment. By keeping capital punishment principals with modification, according to the Human Rights movement. According to the writer, that is the best way to treat capital punishment in the country with Moslem majority.
The conclusion is that capital punishment in Indonesia is very effective and relevant with punishment purpose, considering that the number of police personnel is limited and the high criminality number. Thus, capital punishment is still relevant as the instrument to press criminality number.